LALIT RAJPOOT AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/4708/2025 · 2025-07-11
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 143913 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 143913 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:3984 Court No. - 15 Case :- APPLICATION U/S 482 No. - 4708 of 2025 Applicant :- Lalit Rajpoot And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Ambuj Singh,Nritika Singh Counsel for Opposite Party :- G.A.,Aviral Misra Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Abhishek Yadav, Advocate, holding brief of Sri Ambuj Singh, the learned counsel for the applicants, Sri Hansraj Verma, the learned AGA for the State, as well as Aviral Misra, the learned counsel for the opposite party no. 2, and perused the record. 2. The instant petition under Section 482 CrPC/528 BNSS has been filed, seeking quashing of the entire proceeding of Case No.127784 of 2023 (State of U.P. Vs. Rahul Rajpoot and others), arising out of Crime No.0160 of 2023, under Sections 323, 504, 506 and 427 IPC lodged at Police Station Gomti Nagar Vistar, District Lucknow wherein the charge-sheet was filed on 13.08.2023 and the applicants have been summoned to face trial vide order dated 02.12.2023, pending in the Court of learned Chief Judicial Magistrate, Lucknow on the ground that the parties have entered into a compromise/settlement. 3. Learned counsels for the parties submit that they have settled their dispute amicably outside the Court and they have arrived at the compromise. The compromise entered into between the parties has been placed on record as Annexure-4 to the application. The parties have confirmed the terms of the compromise. Compromise has been verified between the parties by the learned Chief Judicial Magistrate, Lucknow vide order
dated 12.06.2025, copy of which has been annexed with the supplementary affidavit dated 02.07.2025 filed by the applicants, in compliance of the order dated 30.05.2025 passed by this Court. 4. I have considered the submissions of learned counsel for the parties. 5.
Considering the ratio laid down by the Supreme Court in the cases of B. S. Joshi and others versus State of Haryana and another :(2003) 4 SCC 675, Nikhil Merchant versus C.B.I. and another : (2008) 9 SCC 677, Manoj Sharma versus State and others : (2008) 16 SCC 1, Gian Singh versus Station of Punjab: (2010) 15 SCC 118 and Narinder Singh and others versus State of Punjab and another: (2014) 6 SCC 466, it would be appropriate in the facts and circumstances of the case to quash the criminal proceedings as continuance of the proceedings in pursuance of the criminal proceedings would be an exercise in futility. 6. In view of the fact that the parties have settled their dispute outside the Court by way of compromise arrived at between the parties and law laid down by the Supreme Court of India, the present petition is allowed and the entire proceeding of Case No.127784 of 2023 (State of U.P. Vs. Rahul Rajpoot and others), arising out of Crime No.0160 of 2023, under Sections 323, 504, 506 and 427 IPC lodged at Police Station Gomti Nagar Vistar, District Lucknow wherein the charge-sheet was filed on 13.08.2023 and the applicants have been summoned to face trial vide order dated 02.12.2023, pending in the Court of learned Chief Judicial Magistrate, Lucknow, is hereby quashed. Order Date :- 11.7.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench